A recent amendment to CPLR 2106 will broaden—slightly—the use of unsworn affirmations instead of affidavits in New York practice. CPLR 2106 previously allowed unsworn affirmations only by attorneys, physicians, osteopaths or dentists, but now the amendment to CPLR 2106 allows1 New York courts to consider unsworn affirmations by any person physically outside the United States or its possessions.
The unsworn foreign statement must have particular verbiage, including an acknowledgment of perjury penalties, but there will be no need for an oath or statement before a foreign official. This will dramatically streamline the process of obtaining affidavit-like proof from foreign countries, where there may be no clear analog of the notary, or where there are religious, social or bureaucratic impediments to obtaining a sworn statement for extraterritorial use. The bill is important, but does not go as far as the Advisory Committee recommended.
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